Discriminatory Change definition

Discriminatory Change means any change in Applicable Law during the term of the Contract that is principally directed at and the effect of which is principally borne by Contractor or operators of high-speed passenger rail in the State, except where such change
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Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Discriminatory Change means (a) materially more onerous application to DB Contractor or the Project of alterations or changes (including additions) to the CMA Specification, Design-Build DocuSign Envelope ID: 69FAD993-F221-4BEC-895E-9675AB93CDF8 Specifications or Safety Standards relating to the Maintenance Services than the application thereof to other Comparable Limited Access Highways, or (b) selective application of alterations or changes (including additions) to the CMA Specification, Design-Build Specifications or Safety Standards relating to the Maintenance Services to DB Contractor or the Project and not to other Comparable Limited Access Highways. Notwithstanding the foregoing, such applications in response to any negligence, willful misconduct, or breach of applicable Law, Governmental Approval or contract by DB Contractor or any DB Contractor-Related Entity shall not be Discriminatory Changes.
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Examples of Discriminatory Change in a sentence

  • DB Contractor shall implement a Discriminatory Change only after TxDOT issues a Change Order or Directive Letter therefor pursuant to Section 4.5.

  • DB Contractor’s obligation to perform design and construction work in accordance with the latest version of any such standard, manual, guideline or specification shall not require a notice from TxDOT, unless the use of such latest version qualifies as a Discriminatory Change.


More Definitions of Discriminatory Change

Discriminatory Change means any change in Applicable Law that is principally directed at and the effect of which is principally borne by Contractor or operators of high- speed passenger rail in the State, except where such change (a) is in response, in whole or in part, to any failure to perform or breach of the Contract, violation of Applicable Law or Governmental Approval, culpable act or culpable omission on the part of any Contractor- Related Entity, (b) is a directive by the U.S. Department of Homeland Security or comparable state agency, unless such directive is directed solely at or solely affects the Work and requires specific changes in Contractor’s normal design, construction or manufacturing procedures in order to comply, or (c) is otherwise expressly permitted under the Contract.
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Discriminatory Change in Law" a Change in Law, the terms of which apply expressly to: (a) the Project and not to similar projects; and/or (b) the Contractor and not to other persons; and/or (c) PPP Contractors and not to other persons;
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Related to Discriminatory Change

  • Regulatory Change means, with respect to Bank, any change on or after the date of this Agreement in United States federal, state, or foreign laws or regulations, including Regulation D, or the adoption or making on or after such date of any interpretations, directives, or requests applying to a class of lenders including Bank, of or under any United States federal or state, or any foreign laws or regulations (whether or not having the force of law) by any court or governmental or monetary authority charged with the interpretation or administration thereof.

  • Discrimination on the basis of disability means any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field. It includes all forms of discrimination, including denial of reasonable accommodation;

  • Discriminatory housing practice means an act that is unlawful under this chapter.

  • Material Change in Formula means the occurrence since the Launch Date of a material change in the formula for, or the method of, calculating the Reference Price.

  • Change in Law means the occurrence, after the date of this Agreement, of any of the following: (a) the adoption or taking effect of any law, rule, regulation or treaty, (b) any change in any law, rule, regulation or treaty or in the administration, interpretation, implementation or application thereof by any Governmental Authority or (c) the making or issuance of any request, rule, guideline or directive (whether or not having the force of law) by any Governmental Authority; provided that notwithstanding anything herein to the contrary, (x) the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (y) all requests, rules, guidelines or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a “Change in Law”, regardless of the date enacted, adopted or issued.

  • Accounting Change refers to any change in accounting principles required by the promulgation of any rule, regulation, pronouncement or opinion by the Financial Accounting Standards Board of the American Institute of Certified Public Accountants or, if applicable, the SEC.

  • Extraordinary Circumstances means floods, snow, ice storms, tornadoes, earthquakes, or other

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.